Great news! My Petition to the U.S. Supreme Court has been docketed and assigned a case number, 10-10070. I have just posted my Petition for Certiorari to www.lakotaperspectives.com.
JANIS SCHMIDT v. WARWICK PUBLIC SCHOOL DISTRICT #29, et al.
Case # 10-10070
QUESTIONS PRESENTED
1. Whether Schmidt’s Fifth and Fourteenth Amendment rights to due process and equal protection were denied when school administrators retaliated against Ms. Schmidt when she reported the rape of a Native American student as required by law?
2. Whether schools and their agents are required to report a rape when it involves a Native American student and the rape occurred on an Indian reservation, and was the rape victim and the teacher who reported the rape to Social Services afforded due process and equal protection under the Fourteenth amendment when the rape issue was handled through the tribal court and not federal court, and the teacher was forced to agree to 5 Directives admitting that no rape had occurred and that she had committed an act of insubordination by reporting a rape?
3. Whether Schmidt’s Ninth Amendment right not to be personally and professionally defamed by Defendants whose false statements about Schmidt resulted in her professional reputation was ruined beyond repair?
4. Whether Schmidt’s Seventh Amendment right was violated by the court’s misinterpretation the statute that forbids Defendants from relying on ND unemployment compensation decisions as evidence in a separate action, for the purpose of dismissing my claims without a trial?
5. Whether Native Americans living on Indian reservations are considered citizens entitled to equal protection and due process as guaranteed under the Fourteenth Amendment?
STATEMENT OF THE CASE
This case raises constitutional issues of the highest import. It involves a teacher who was retaliated against by Defendants for reporting a rape of a Native American student and then reporting Defendant for not fulfilling its requisite reporting obligations. Ultimately, Defendant terminated Plaintiff without due process and then illegally relied on a renewal hearing to justify the firing when it became clear that the so-called termination hearing was held illegally, without notice and opportunity for Plaintiff to be heard. To permit the summary decision of the North Dakota Supreme Court to stand will in effect stand for the proposition that teachers have no property right created by the statutory termination procedures, and will violate decades of United States’ Court precedent; and will create precedence that school administrators do not have to report child abuse if the crime (rape) occurred on an Indian reservation.
This case raises the issue of Indian rights, which has never been squarely addressed by the Constitution or statutes. Are Native Americans citizens, and if so, why do they not enjoy the same protection and due process as other Americans? Native Americans who were not already U.S. citizens were granted citizenship in 1924 by the Congress of the United States. It is said that Native Americans today have a unique relationship with the United States because they may be members of nations, tribes, or bands of Native Americans who have sovereignty or independence from the government of the United States. Sounds good, but in reality and in this case, it means that the Indian has never been recognized as a U.S. citizen with rights equal to that of any other race.
My case will give this Court an opportunity to rectify a long, overdue inequality existing in American. I reported a rape to the school administrators as told to me in class by a Native American girl. The problem is that the administrators had not to reported the rape because the rape happened on an Indian reservation and the tribal police and tribal court was handling it. (App B, Doc 241, Order granting summary judgment, p. 3) Schools and other officials are routinely using sovereignty as a reason not to obey child abuse laws when it concerns Native Americans. Sovereignty is routinely used as an excuse to deny Native Americans constitutional rights because Indians are regarded as independent from the government of the United States. Separate but supposedly equal still exists in schools on reservations, and the most vulnerable of Native Americans, the children, have no constitutional rights to protection from violent crimes, or from administrators who abuse students. I reported child abuse of Native Americans to every conceivable authority, but they all said it wasn’t their jurisdiction. The set up girl was so constantly hounded by kids taunting her about being raped in Warwick school, the lie perpetuated by the school administrators to avoid reporting, that she committed suicide at the age of 14.
There is no legal reason that my case should have been dismissed before trial. The law was on my side. The North Dakota courts did not adjudicate by the law, the Rules, or the constitution because my case presented racial issues and equal protection that have never been decided when a case involves Native Americans.
REASONS FOR GRANTING THE PETITION
The African Americans were emancipated in 1863, and set free through the 13th Amendment passed 1n 1865, and the 14th Amendment, passed in 1868, guaranteed due process and equal protection to African Americans but not Native Americans.
Permeated by hostile racial attitudes of racial superiority laden with guilt and shame, white American has never recognized the Indian as an equal, and therefore Indians have not been afforded the same rights as all other citizens enjoy. African Americans were set free and all kinds of laws have been enacted to guarantee their rights. Not so with Native Americans, the only people who were born free and equal, who once owned all of what is now called America. It has been very difficult for the U.S. Government to create a fair set of laws regarding Native Americans, and has failed miserably.
A tribal court, called Court of Indian Offenses, was created by the military and the Dept. of Indian Affairs in the 1880s as a means of punishing and controlling Indians, but not protecting them from perpetrators of crimes. The Department of Justice (DOJ) reports from the latest available data that from 1992 to 2001 American Indians experienced violent crimes at more than twice the national rate. Violence against Native Americans goes uninvestigated and unreported when it occurs on an Indian Reservation, and those who do report are so severely retaliated against that they never recover from the retaliation.
We have to look back to Worchester v. Georgia, 1832, for a case similar to mine. Worcester was sentenced in state court to 4 years of hard labor because he supported the Cherokee resistance against removal, and was teaching the Indians about history, the law, and how to read and write. Because I reported a rape, and that administrators were abusing Indian students, I was retaliated against, lost my job, and labeled with misconduct for having reported a rape, thus ending my teaching career. This was all accomplished through our legal system.
The rape issue developed into situation where the administration felt they needed to cover up the fact that they had not reported the rape of M H, as required by law. NDCC 50-25.1-03 The administrators were afraid if I told, they could have their education license revoked, pursuant to 50-25.1-13 (Doc 204, #80) so, instead of reporting, they staged a fight and expelled the rape victim, (App D, Doc 204, #16-18) and set up another Native American girl by telling the girl I had said she had been raped.
Reasons why my lawsuit was unjustly dismissed
There is no reason that this lawsuit should have been dismissed. The courts and decision makers refused to follow the Rules; law enforcement refused to investigate crimes against Native American children. The problem is much bigger than my case; it goes back to the fact that the government, who is the maker of the laws, has never come up with a fair, consistent set of laws, starting with the treaties, regarding Indians. The Fourteenth Amendment was a political piece of work, deliberately excluding Indians from due process and equal protection. The Civil Rights Act of 1868 did not address the rights of Indians, who have largely been the forgotten race in America.
The courts have not shed any light on current treatment of Indians. Indians rarely, if ever, have any opportunity to bring a case to state or federal court, where these issues can be addressed. It takes a white person such as myself, who refused to go along with the racist scheme of things, and dared to stand up and report the fragrant abuses being perpetuated on Native American students. Why did the agencies and courts not investigate serious crime? It was more that jurisdiction; it was because they would have to reverse their rulings in regards to Native Americans, who are routinely charged with a crime they did not commit, and are routinely sent off to prison without any due process.
Indian women and children do not report serious crimes of abuse and rape because they know that the state will end up dismissing the perpetrator, and blaming the victim, which is what happened to M H and J J. And I was charged with misconduct for reporting to authorities, which means as a teacher, my teaching days are over, along with my personal and professional reputation. I wasn’t sentenced to hard labor like Wochester, Worchester v. Georgia, 1832, I was just denied any meaningful employment for the rest of my life. A teacher does not overcome a discharge for misconduct. I was deprived of my right to due process, and I was deprived of my property right by being improperly terminated in retaliation for doing my so-called protected duty. Where’s the protection? It is exactly the same treatment Indians get.
I have steadfastly maintained that I was fired twice without notice or hearing for performing my mandatory duty of reporting a rape and institutional child abuse. (Doc 1) Defendants have argued in hearing before Job Service, (App Y) in hearing to dismiss, (Doc 193) in summary judgment motion, (Doc 197) on appeal and in arguments before the North Dakota Supreme Court that I was not fired, but placed on administrative leave. Defendants have argued that even if I was fired, I was paid my full contract salary, so there was no breach of contract, and therefore no damages. (Doc 52, 198, Defendant’s summary judgment, p. 10) The trial court accepted Defendant’s facts as true based on Job Service facts, which is not permitted by statute, NDCC 52-06-37.1, nor by ND R. Civ. P 56. (App B, p. 9-10) The trial court illegally changed the Defendant’s motion to dismiss to one of summary judgment without notice, pursuant to ND R. Civ. P. 12(d) and 56©(g). (Doc 193) I was denied my Fifth and Fourteenth Amendment right to be duly notified that the hearing was to be based on summary judgment and not motion to dismiss, which the court then denied me the right to bring evidence and question witnesses, which would have given me a favorable outcome, if the trial court were to abide by the Rules of civil procedure.
You will note that I am heavy on the laws, and light on the cases, because the laws were clearly not enforced in my case, just as they are not enforced equally for Native Americans.
J J, the girl set up to replace M H, the real rape victim, was very interested in Leonard Peltier, and had many questions about AIM and Wounded Knee, and wanted to be like Anna Mae, and bring some justice and rights to her people, the Dakota. J J was related to Leonard Peltier, as were some of the other students. She was just 12 years old when she told me that. She was very bright and interested in learning. She idolized me and loved being in my classes, until Supt. Guthrie had to ruin everything for both of us by questioning her about a rape; then telling her that I had told him that she had been raped. The poor girl, 12 years old, hated me and spread the false story all over the school and community. Guthrie and Riedinger were estatic because J J was doing the defaming without them lifting a finger. Slick. And they thought no harm done; they could now say that Ms. Schmidt was falsely reporting rapes and they had every right to fire her. However, the stigma of rape never left J J, and her life was cruelly altered. Even though she changed schools twice, she could not escape kids taunting her, saying that she had been raped at Warwick School, the story that Guthrie had instigated to avoid detection that he had not reported a rape or other abuse, in fact, had become the abuser. J J, not being able to escape, and not getting anyone to believe her once she discovered the truth, she called a classmate, crying on the phone, and said, “What’s the use? No one will believe what Mr. Guthrie did to me.” Two weeks later she was dead; hung herself. That’s what happens when administrators do not follow the child abuse laws; laws that were intended for Native Americans as well as white students. But not in North Dakota. And God help the poor teacher who attempts to make officials follow the law when it comes to Native American issues.
No one dares take on the corporations who are largely responsible for the mess we are in today. America is going down. A lot of people are suffering because of it. Politicians are throwing out ridiculous self-serving solutions to a problem they haven’t even correctly addressed. The Hamiltonians have been working for 200 years to undo the Constitution, and have succeeded.
I hear moronic statements by incumbents and would-be candidates that budget cuts must come from cutting Medicare, while giving more tax breaks to the rich. Now, how stupid is that? People pay for their Medicare and Social Security. How about ending all these stupid, greed driven wars? Bring all our troops home, and put them to work in the National Guard, helping the flood, fire, tornado, hurricane, and earthquake victims. Then lets repeal the Patriot Acts and eliminate Homeland Security and the C.I.A.
Let us not forget how America want founded on a white male supremacy attitude, that America was a land up for grabs by white Europeans looking to make a fortune, to get something for nothing. A poster child example of that is John Jacob Astor, and American fur trader and land speculator. By the time of his death in 1842, he was the richest man in America. His total wealth was estimated at $20–30 million (the greatest source being his land holdings on Manhattan Island) at his death on March 29, 1848, at the age of 84, while Mr. Jefferson died in poverty, owing several thousands of dollars.
Europeans had the notion that land was free for the taking along with unlimited destruction of the birds, animal, foliage, and Indians. John Jacob Astor, a German, migrated to England where he learned the English language. Then in1783, after the Revolutionary War ended, Mr. Astor sailed for the United States where he worked for furriers. He soon understood that the way to riches was to buy furs directly from Indians, trading bobbles, beads, and whiskey. Soon Astor was trading throughout the world establishing a fur goods shop in New York. and founded the American Fur Company. His key to success is that he co-opted Indians to kill off the beavers, fox, ermine, and mink for bobbles and especially whiskey. Something for nothing. That’s America’s slogan, even today, the American dream, how to get something for nothing.
Between 1790 and 1808 his agents collected furs from as far west as Mackinaw, Michigan. The Jay Treaty of 1794, which led to the British leaving forts and trading posts in the Old Northwest, worked to Astor's advantage, and he expanded his operations in the Great Lakes region. Through an arrangement with the British Northwest Company, he purchased furs directly from Montreal, Canada. By about 1809 he was recognized as one of the leading fur traders in the United States.
Following the Louisiana Purchase in 1803, which added land that contained part or all of thirteen more states to the union, Astor turned his attention to the fur trade in the Pacific Northwest. He obtained a charter (a grant of rights or privileges from the ruler of a state or country) for the American Fur Company and planned to establish a main fort at the mouth of the Columbia River, with sub-forts in the interior. His fleet of ships would collect the furs and sell them in China, where goods would be purchased for sale in Europe; in Europe merchandise could be bought to sell in the United States when the ships returned. This is exactly what huge corporations are doing today, just like Astor, raking in millions off the poor and downtrodden in foreign countries, all tax free.
Between 1800 and 1812, however, his trade with China expanded and became a large part of his business dealings in Europe. The War of 1812 temporarily disrupted his plans, but it also gave him an opportunity to purchase ships at a bargain price, since declining trade had made other merchants anxious to dispose of their fleets. Note that Astor didn't fight in the war nor did he fight in the Revolutionary War. After the war Astor had a large fleet of sailing vessels and again became active in the China and Pacific trade. For a time he was involved in smuggling Turkish opium (an addictive drug) into China. Remember how Reagan was funding his wars in Central America when Congress cut off funding? He used the CIA to transport cocaine to American drug dealers in exchange for weapons and soldiers of fortune like Oliver North. Huge corporations profit from war and distroy any small American business.
After the War of 1812 Astor renewed his efforts to gain control of the fur trade in North America. Through influence in Congress he helped win passage of laws that banned foreigners from engaging in the trade (except as employees) and that eliminated the government's trading post serving independent traders. By the late 1820s he had sole control of the fur trade in the Great Lakes region and most of the Mississippi Valley. Astor avoid in serving in the military, which of course, would have been bad for business and trade.
One explanation for Astor's success as a merchant was that he had the money to buy quality merchandise at a low cost and a fleet of ships that could transport the goods to markets more quickly than his rivals. Think about all the billions of dollars that Congress is giving to oil corporations, and the $700 billion dollar bailout of Wall Street's gambling debt. At the same time, millions of homes are being foreclosed on and jobs are being shipped overseas.
Astor retired from the American Fur Company and withdrew from both domestic and foreign trade in 1834. He turned to other investments, including real estate, money-lending, insurance companies, banking, railroads and canals, public securities, and the hotel business. The most important was real estate. He had invested some capital in land early in his career. After 1800 he concentrated on real estate in New York City. He profited not only from the sale of lands and rents but from the increasing value of lands within the city. During the last decade of his life his income from rents alone exceeded $1,250,000. He died leaving over $250,000,000 to his children. Just like in 1848, Congress not only can't tax the rich, but has reduced or eliminated taxes for the rich, telling a confused and intellectually challenged public that cutting taxes for the rich will encourage job growth.
Astor succeeded in wiping out much of America’s wild animals in the eastern half of the country. He successfully decimated the beaver, all for the sake of the fashionable beaver hat. Then he moved on to more fertile territory-------land. He became a realtor, buying up Manhattan from the U.S. government who had stolen the land from Indian tribes through bogus treaties in which the tribe cedes their land to the U.S., and in return, the U.S. allows them to continue living, but they have to move. This is the way America financed the running of the government—through the sale of Indian land to land speculators who became land realtors. Something for nothing.
Corporations utilize Congress to regulate trade by having the poor fight America’s never ending wars so that the corporations can continue to get something for nothing, in this case oil, and we the people are told America is fighting these wars to protect OUR national interests. Oh yeah? Right! Astor stole the resources from the Indians just as corporations are stealing resources from the Middle East and making the American public pay for it. It's all the same thing.
Dear gentle readers.
We are entering an economic meltdown in America; one of our own making. Our democracy has been totally destroyed by the market driven tycoons who also run the government.
Isn't it a kick in the head that the son of a slave was chosen to lead America down the road to total enslavement?
Americans have lost their voice, and are flailing about, madly and hopelessly looking for a job that doesn't exist, gone, caput. Those jobs are never coming back.
You might as well admit it--we are lost, and the government is not going to save us, is not capable of saving us, only the investment bankers can be saved.
Waiting for someone to come and fight the revolution that needs to be fought is not going to happen. We are caught in the jaws of this corportograpy which once was America. And we are lost, without a leader.
First thing--don't panic. When you have so lost your way, you cannot trust any political solutions, because there are none. The thing to do when you are lost is to observe closely what the birds and wild animals are doing, assuming there are any left to observe.
You have to throw out man-made laws and follow the laws of nature. You will notice that this is the season of renewal. Birds and animals are gathering in communities to build their homes, raise their young, and tend to food gathering. That is what you must do to survive these dark times.
Spring is here. Planting time is upon us. You must get up and get going. But not alone. No solitary bird ever migrated alone. Observe the birds and animals. Learn from them how to be human again. It is the only way to save yourself.
Health care is such a hypocrital can of worms! Lets give coverage to all by reducing seniors' medicare coverage. Then you wonder, Mr. Obama, why the people are not lined up behind you? Why don't you stop funding these unnecessary wars all around the world with Social Security dollars? Why don't you stop the wars alltogether? Why not put the military to work, helping out with natuaral disasters around the world, such as earthquakes, floods, and fires?